MALAYSIAN GENERAL ELECTION: OFFENCE AND MISCONDUCT OF BRIBERY

By

Ahmad Hafiz b Abdul Hair

Akmal Syahmi b Khalid

Mohd Hakimie b Ab. Hadi

Zulhakimi b Johan

(2011233636)

(2011234204)

(2011220962)

(2011252294)

Submitted in Partial Fulfillment of the Requirements

for the Bachelor in Legal Studies (Hons)

Universiti Teknologi MARA

Faculty of Law

December 2013

The students/authors confinn that the work submitted is their own and that appropriate credit has

been given where reference has been made to the work of others.

ABSTRACT

The topic of our project paper is quite difficult to be conducted, in term of how we

obtained the resources for the references. We initially decided to conduct this project paper, due

to the fact that there are a lot of allegations on the misconduct of some of the campaigners in

order to ensure that the voters in the constituencies vote in favour for the candidates. In spite of

the fact that this topic is quite controversial to be discussed, we did try our best to take this

challenge as we believe that the topic must not only to be analyzed from the perspective of

political view, but it is also important for us to look at it from the perspective of academic

analysis. The main reason for this research is to study, especially on judicial approaches relating

the problem. We started our research with some reading and analysis on the issue in this topic. It

was not as difficult as it ought to be, on the basis of the availability of the sources to be accessed

electronically, especially by using online resources. Then, we started to analyze all those

information by comparing the cases that we have in Malaysia with the cases decided in United

Kingdom. The outcome of the research were then be presented and then were put in the

recommendation on how such weaknesses are to be improved.

TABLE OF CONTENTS

Acknowledgement ii

Abstract iii

Contents iv

List of Cases vii

CHAPTER ONE: INTRODUCTION

1.0 Research Background 1

1.1 Research Questions 3

1.2 Research Objectives 4

1.3 Research Methodology 5

1.4 Scope of the Research 7

1.5 Limitation of the Research 9

1.6 Significance of the Research 10

1.7 Research Plan 11

CHAPTER TWO: LITERATURE REVIEW 12

IV

CHAPTER THREE: MALAYSIA POSITION ON OFFENCE OF BRIBERY IN

ELECTION

3.1 Introduction 21

3.2 Relevant Laws and Issues 22

3.2.1 Cases 25

CHAPTER FOUR: UNITED KINGDOM POSITION ON OFFENCE OF BRIBERY DURING ELECTION

4.1 Significance of English law 28

4.2 Survey reports 29

4.3 Types of corrupt practices 31

4.4 Illegal Practices 32

4.4.1 Other types of election offences 33

4.4.2 Other types of general offences 34

4.5 Analysis of alleged electoral malpractice in 2011 by The Electoral Commission

and the Associations of Chief Police Officers 35

4.6 Conclusion 37

v

CHAPTER 1: INTRODUCTION

1.0 RESEARCH BACKGROUND

This research focused on what is actually happening in Malaysia with regards to the issue

on election offences and misconducts. We refer to the latest report made by the Corruption

Perception Index (CPI) in 2012, with regards to the position of the countries, according to the

score from the aspect of bribery. Thus, by having this information, it comes to our knowledge

that the bribery is very serious problem that we have in terms of election in Malaysia.

This argument is not only with the concerning to the report made by CPI. We also refer to

the report made by the local authority that is Malaysia Anti Corruption Commission (MACC).

The information provided by them, stated that the offence of bribery is one of the main problem

in Malaysia and it is worsening from time to time. The report also mentioned, when it come to

the Election days, the problem is worsen. This is because; this is the time when the candidate

tries their best to win the vote from the voters. Thus, there are several ways how the candidates

try to win the vote and one of the ways is to provide 'gift' to the voters in the constituencies. But

the question here that needs to be clarified is what conduct is amounted to bribery? Thus, by this

concern, we refer to several references. For example, we refer to statutes, cases and etc. One of

them is that we look at Section 10 of Election Offences Act 1954. This section provides the

definition of bribery and some conduct that amount to bribery. Since this is a legal research, it is

insufficient for to just merely depend on the statute. Thus, we try our best to conduct some

research on the cases that related closely especially on the definition of the bribery. Thus, the

cases also help us to understand further by providing us with the illustration. In order to make

our research various in perspectives, we refer to the cases decided in United Kingdom and also in

Malaysia.

The existing laws that we have to govern the act of bribery are the provisions in the Penal

Code as well as provisions in Election Offences Act 1954 are not sufficient to counter this

problem. Thus, the establishment of MACC in 2008 is aimed to overcome the problem of

bribery. But still, we observed that this establishment is not so much helpful to overcome the

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